Filed Date: June 27, 2022
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This case is about Louisiana's abortion "trigger law," which had been enacted in 2006 in anticipation of the U.S. Supreme Court overturning Roe v. Wade. Three days after the Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization, the Center for Reproductive Rights sued, on behalf of June Medical Services (d.b.a. Hope Medical Group for Women), the state in the Civil District Court for the Parish of Orleans in the State of Louisiana on June 27, 2022, claiming Louisiana's trigger laws were unconstitutionally vague. Plaintiffs sought (1) injunctive relief in the form of a temporary restraining order and then a preliminary and permanent injunction prohibiting Defendants from implementing or enforcing the trigger bans, and (2) attorney fees and costs. This case was assigned to Judge Robin M. Giarrusso and then transferred to Judge Donald Johnson of the Louisiana District Court for East Baton Rouge Parish.
The same day the petition was filed, the Court granted a temporary restraining order blocking enforcement of the Louisiana law and set a show cause hearing for July 8, 2022. In response, on July 1, 2022, the Defendants appealed to the Louisiana Supreme Court to dissolve the temporary restraining orders and stay a preliminary injunction until the appellate court considers whether Plaintiffs had even brought a sufficient constitutional challenge to the three Louisiana statutes in the first place. On July 6, 2022, the Louisiana Supreme Court denied the stay, declining to exercise its plenary supervisory jurisdiction at this preliminary stage of proceedings.
However, on July 8, 2022, the trial court decided that the suit had been filed in the wrong place and transferred the case to Judge Donald Johnson of the Louisiana District Court for East Baton Rouge Parish. The preliminary injunction hearing was also moved to July 18, 2022.
On July 21, 2022, Judge Johnson granted a preliminary injunction, stating that clinics can continue providing abortion procedures while the suit continues. However, on July 29, 2022, the First Circuit of Louisiana’s Court of Appeals mandated, per Defendants' motion to do so, that the preliminary injunction be placed in suspension pending Defendants' appeal of the preliminary injunction. Because of this decision the abortion bans went into effect while the case was set to continue. On August 12, 2022, the Louisiana Supreme Court denied Plaintiffs application for writ, allowing the trigger law to remain in effect and the appeal to continue in the Court of Appeals.
On September 29, 2022, the trial court established a scheduling order for discovery. A week later, on October 5, 2022, the First Circuit of the Court of Appeals held that the trial court lacks jurisdiction to allow discovery or conduct a trial while the appeal is pending.
This case remains ongoing, and the appeal in the First Circuit of the Court of Appeals regarding the preliminary injunction is still pending.
Kathleen Lok (10/26/2022)
Last updated Aug. 30, 2023, 1:39 p.m.Docket sheet not available via the Clearinghouse.
State / Territory: Louisiana
Filing Date: June 27, 2022
Case Ongoing: Yes
A Louisiana reproductive health clinic and a non-profit organization that seeks to ensure the right to abortion.
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Causes of Action:
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Order Duration: 2022 - 2022
Content of Injunction:
Type of Facility: